Whether couples have been married for 6 months or 60 years a common question upon divorce is: “Can my spouse get half of my retirement in the divorce?” However, in matters where thedivorce concerns a short term marriage, the spouse who owns a retirement account will generally be very concerned over the possibility that his or her soon to be ex-spouse, whom they may have been married to for less than a year, will walk away with half of the retirement fund they spent years accumulating.
Fortunately for anyone in a situation similar to the one outlined above, the answer is no. Georgia is an equitable distribution state, meaning that during divorce marital property is divided equitably between the spouses. See O.C.G.A. § 19-5-13; Fuller v. Fuller, 621 S.E.2d 419 (2005). Only marital property, or property acquired during the court of the marriage is subject to equitable division upon divorce. Moore v. Moore, 249 Ga. 27 (1982)...(continue reading).
